Appeal No. 2004-0228
Application No. 09/348,411
Hoyle 6,141,010 Oct. 31, 2000
(filed Jul. 17, 1998)
Claims 1-29 stand rejected under 35 U.S.C. §103 as
unpatentable over Hoyle.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d
1955, 1956 (Fed. Cir. 1993). To reach a conclusion of
obviousness under § 103, the examiner must produce a factual
basis supported by a teaching in a prior art reference or shown
to be common knowledge of unquestionable demonstration. Our
reviewing court requires this evidence in order to establish a
prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984). The examiner must not only
identify the elements in the prior art or that knowledge
generally available to one of ordinary skill in the art would
lead the individual to combine the relevant teachings of the
references. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988).
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